Unilateral Release Of Claims Template for United States

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Key Requirements PROMPT example:

Unilateral Release Of Claims

"I need a Unilateral Release of Claims for a departing senior employee who is receiving a severance package of $150,000, with specific provisions for protecting our company's intellectual property and including a non-disparagement clause."

Document background
A Unilateral Release of Claims is commonly used in situations where parties wish to resolve potential or existing disputes without litigation. This document is particularly relevant in employment terminations, settlement agreements, or dispute resolutions. Under U.S. jurisdiction, it must comply with various federal and state regulations, particularly when dealing with employment-related claims. The document typically includes specific details about claims being released, consideration provided, and any preserved rights. It's essential to ensure the release meets all legal requirements for enforceability, including proper consideration, voluntary execution, and clear understanding by the releasing party.
Suggested Sections

1. Parties: Identification of the releasing party and the released party

2. Background: Context and circumstances leading to the release

3. Definitions: Key terms used in the release document

4. Release Language: Specific claims being released and scope of release

5. Consideration: What is being given in exchange for the release

6. Acknowledgments: Releasing party's confirmation of understanding and voluntary execution

Optional Sections

1. Non-Admission of Liability: Statement that release does not constitute admission of wrongdoing - used in disputed matters

2. Confidentiality: Terms regarding confidentiality of the release and its terms - used when privacy is desired

3. Non-Disparagement: Agreement not to make negative statements about released party - used in employment or business relationship contexts

4. Return of Property: Requirements for returning company property - used in employment contexts

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims being released

2. Schedule of Consideration: Detailed description of consideration being provided

3. OWBPA Disclosure: Required disclosures for age-related claims when age discrimination claims are involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

ADEA Compliance: Age Discrimination in Employment Act requirements must be considered when the release involves age-related claims

Title VII Considerations: Title VII of the Civil Rights Act provisions must be addressed if discrimination claims are potentially involved

ADA Requirements: Americans with Disabilities Act considerations for releases involving disability-related claims

FLSA Compliance: Fair Labor Standards Act requirements for releases involving wage and hour claims

FMLA Considerations: Family and Medical Leave Act provisions for releases involving leave-related claims

State Labor Laws: Applicable state-specific labor laws that may affect the release's enforceability

State Anti-Discrimination: State-specific anti-discrimination laws that must be considered in the release

State Release Requirements: State-specific requirements for valid releases and waivers

Contract Law Fundamentals: Basic contract law principles including consideration, capacity, voluntary execution, and clear language requirements

OWBPA Requirements: Older Workers Benefit Protection Act requirements including 21-day consideration period, 7-day revocation period, and advice to consult attorney

Non-waivable Rights: Rights that cannot be waived including workers' compensation claims, unemployment benefits, EEOC charges, and future claims

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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